BURCHATTS FARM BARN
TERMS AND CONDITIONS OF HIRE
1. Definitions and Interpretation
The following terms shall have the following meanings:
‘Barn’means Burchatts Farm Barn
‘Council’means Guildford Borough Council
‘Hirer’means the person or organisation hiring the Barn
‘Officer’means the booking officer
‘Period of Hire’means the date(s) on which the Barn is hired by the Hirer
‘Purpose of Hire’means the purpose for which the Barn will be used during the Period of Hire
In these Conditions:
1.1terms defined in the Information Sheet for Hirers and Booking Form have the same respective meanings as in these Conditions;
1.2 words importing one gender shall be construed as importing any other
gender;
1.3 words importing the singular shall be construed as importing the plural and
vice versa;
1.4references to persons include bodies corporate;
1.5 any undertaking by the Hirer not to do an act or thing shall be deemed to
include an obligation (to use reasonable endeavours) not to permit or suffer
such an act or thing to be done by another person;
1.6references to ‘the Barn’ save where the context otherwise requires includes where appropriate, the ancillary areas that the Hirer is contracted and permitted to use;
1.7the headings do not form part of these Conditions and shall not be taken into
account in their construction or interpretation;
1.8 any reference to a specific statute includes any statutory extension or
modification amendment or re-enactment of such statute and any regulations
or orders made under such statute and any general reference to ‘statute’
includes any regulations or orders made under such statute or statutes.
- Corporate Hirer
If the Hirer is a corporate body the Hirer must not later than 5 days before the commencement of the Period of Hire notify to the Council in writing the name address and telephone number of an individual who will be personally responsible to the Council for the obligations or the Hirer under the Agreement jointly and severally with the Hirer.
3.User
3.1No part of the Barn is to be used for any purpose other than the Purpose of
the Hire.
3.2The Hirer shall not sub-let or use the Barn or any part thereof for any unlawful purposes or in any unlawful way nor do anything nor bring into the Barn anything that may endanger the Barn or its users or vitiate in whole or in part any insurance policies relating thereto.
3.3No animals except guide dogs are to be brought into the Barn or allowed to enter the Barn without the consent of the Officer. No animals whatsoever are to enter the kitchen at any time.
3.4The Hirer shall ensure that the noise level of their function does not cause nuisance annoyance or disturbance to the owners or occupiers of nearby properties.
3.5No marquee or bouncy castle may be used on the Council premises without the prior approval of the Officer.
3.6The prior permission of the Officer must be obtained before goods or equipment are left or stored (including overnight storage) at the Barn.
4.Electrical Equipment
4.1No lighting heating power or other electrical fittings or appliances in the Barn
are to be altered moved or in any way interfered with.
4.2No additional lighting heating power or other electrical fittings or appliances are to be installed or used without the prior consent of the Council.
4.3All electrical equipment brought into the Barn by the Hirer be it belonging to them on loan or on hire may be subject to PAT testing by the Officer.
5.Supervision
5.1 During the Period of Hire the Hirer is to be responsible for:
5.1.1the efficient supervision of the Barn including (without prejudice to the generality of the above):
5.1.1.1the effective control of children
5.1.1.2the orderly and safe admission and departure of persons
to and from the Barn
5.1.1.3the orderly and safe vacation of the Barn in case of emergency;
5.1.2 the safety of the Barn
5.13the preservation of good order and decency in the Barn
5.14ensuring that all doors giving egress from the Barn are left unfastened and unobstructed and immediately available for exit
5.1.5ensuring that no obstruction is placed or allowed to remain in any corridor giving access to the Barn or in front of emergency exits
5.2The Hirer shall ensure that no activities carried out in the Barn during the Period of Hire are supervised in whole or in part by persons under eighteen years of age.
6.Decorations and Advertising
6.1 No bolts nails tacks screws bits pins or other like objects are to be driven into any part of the Barn nor is any adhesive substance to be attached to it
6.2 No placards or other articles are to be fixed to any part of the Barn
6.3 No cotton wool or highly inflammable material is to be used for decoration or other purposes
6.4No posters boards signs flags or other emblems or advertisements are to be
displayed inside or outside any part of the Barn without the previous consent of the Council except that:
6.4.1The Hirer will be entitled to display on the notice boards outside the
Barn for a period of 7 days preceding the Period of Hire one
poster relating to the function for which the hiring is made; and
6.4.2Subject to space being available and at the discretion of the Council
the Hirer may be allowed to display on the notice board outside the
Barn not more than 2 such posters during the period of 14 days
preceding the Period of the Hire PROVIDED that the posters
displayed in accordance with this condition 6.4 must be of a
reasonable size and must not contain any material which in the
opinion of the Council is obscene offensive or otherwise inappropriate.
6.5The Council reserves the right to remove any permitted posters boards signs flags or other emblems or advertisements which become so dirty or torn as to be untidy or unsightly.
6.6Flyposting is not to be carried out in contravention of the Town and Country Planning legislation.
7.Maximum number to be admitted
The maximum number of persons to be admitted to the function is not to exceed 80 (standing) and 70 (sitting) and during the Period of Hire the Hirer must keep a note of the number of persons admitted and show the same on demand to any officer of the Council.
8.Statutory Requirements
8.1The Hirer must not do or permit any act matter or thing which would or might
constitute a breach of any statutory requirement affecting the Barn or which
would or might vitiate in whole or in part any insurance effected in respect of
the Barn.
9. Copyright Works
9.1In the use of the Barn the Hirer is not to infringe any copyright or allow
any copyright to be infringed.
9.2If the use of the Barn will involve the performance of any musical or
dramatic works or the delivery in public of any lecture in which copyright
subsists it will be the responsibility of the Hirer to obtain prior to the Period
of Hire the consent of the owner of the relevant copyright and to pay all
composers’ authors’ publishers’ and other fees or royalties which may be
payable in respect of the function.
9.3The Hirer must supply to the Council for approval (if so required) a copy of the programme of any entertainment to be given at the function not less
than 7 days before the Period of Hire and must provide such
evidence as the Council may (reasonably) require of compliance with this Condition.
10.Broadcasting and Filming
The Hirer is not to grant broadcasting or filming rights without the prior consent of the Council but cameras may be brought into and used inside the Barn for private (but not commercial) purposes provided that no nuisance or annoyance is occasioned.
11.Film Exhibition
The Hirer is not to use any part of the Barn for the purposes of a film exhibition or permit any part of the Barn to be used for those purposes without the prior consent of the Council.
12.Gambling
The Hirer shall ensure that nothing is done on or in relation to the Barn in contravention of the law relating to gaming, betting and lotteries.
13.Liquor
No excisable liquor is to be sold unless an occasional licence for the Barn is in force at such time and the Hirer must produce such licence to the Officer not less than 24 hours before the commencement of the Period of Hire.
14.Smoking
Smoking is not to be permitted in the Barn itself or in the foyer or in any corridors leading to the Barn.
15.Expiration of Period of Hire
At the expiration of the Period of Hire the Barn will be promptly locked and the Hirer shall vacate the Barn no later than the agreed ‘finish time’. The Hirer is to leave the Barn in a clean and orderly state free of litter, and in particular (but without prejudice to the generality of the above):
15.1The Hirer is to remove all equipment goods or other property previously brought in by or on behalf or with the permission of the Hirer. For the avoidance of doubt any property brought onto the premises for the purposes of sale shall be considered to be the property of the Hirer for the purpose of this Condition.
15.2The Hirer shall return all furniture and equipment belonging to the Council to its original position and maintain and leave the Barn in a clean and hygienic condition.
15.3If the Barn is found to be in an unacceptable condition at the expiration of the Period of Hire a cleaning charge of up to £5000 will be levied.
16.Agreement personal to Hirer
The benefit of the Agreement is personal to the Hirer and not assignable or capable of being sub-hired.
17.Damage to Council Property
17.1The Hirer is to take good care of and not cause any damage to be done to
the Barn or to any fittings equipment or other property in the Barn and
save to the extent that the Council may be indemnified by insurance the
Hirer is to make good and pay for any such damage caused by any act or
neglect of the Hirer or anyone for whom the Hirer is responsible or anyone
permitted by the Hirer to enter the Barn.
17.2The Hirer shall notify the officer of any damage within 24 hours of the expiry
of the Period of Hire.
18.Injury to Persons and Loss of Property
18.1The Council will not be liable for the death of or injury to any person
attending the Barn for the function the subject of the hiring or for any losses claims demands actions proceedings damages costs or expenses or other liability incurred by the Hirer in the exercise of the rights granted by the Agreement except where such death injury or loss is due to the negligence of the Council.
18.2The Council will not under any circumstances accept responsibility or
liability in respect of any damage to or loss of any goods articles or
property of any kind brought into or left at the Barn either by the Hirer for
his own purposes or by any other person or left or deposited with any
officer or employee of the Council.
18.3The Hirer will indemnify the Council against all such liabilities as are
mentioned in this Condition.
19.Insurance
19.1The Hirer is to have in force throughout the Period of Hire a policy of
insurance effected with a reputable insurance company or with
underwriters at Lloyds covering the Hirer against third party risks for a sum of not less than FIVE MILLION POUNDS (£5m) and at the request of the Council will produce to the Council not later than 14 days prior to the Period of Hire evidence of such policy.
19.2In the event that the Hirer fails to produce satisfactory proof of insurance
in accordance with condition 19.1 above the Council will arrange public
liability insurance for the hiring of the Barn. The insurance excludes any marquee, bouncy castle or similar item.
19.3Any Hirer insured in accordance with Condition 19.2 above shall be responsible for payment of the excess (currently ONE HUNDRED POUNDS (£100) on any claim arising out of or in connection with the hiring such sum to be payable by the Hirer immediately upon written demand from the Council.
19.4The Hirer shall immediately give the Officer notice (with full particulars) of any incident occurring during the Period of Hire likely to give rise to an insurance claim and shall give to the Council such assistance as they may reasonably require.
19.5Any notification of a claim received by the Hirer must immediately be delivered to the Officer.
19.6The Hirer shall not admit deny negotiate pay or settle any claim made or likely to give rise to a claim on the insurance policy taken out in accordance with Condition 19.2 above without the prior written consent of the Council.
20.Further Exclusions of Liability
20.1 The Council will not be liable for any loss due to any breakdown of
machinery failure of supply of electricity leakage of water fire government
restriction or act of God which may cause the Barn to be temporarily closed
or the hiring to be interrupted or cancelled;
20.2The Council gives no warranty that the Barn is legally or physically fit for
any specific purpose.
21.Right of Entry
The Council shall retain control of the Barn at all times during the Period of Hire and reserves the right for duly authorised members or officers or employees of the Council to enter the Barn at any time for any authorised purpose.
22.Payment by Hirer
Provisional bookings will be confirmed only on receipt of a deposit payment of £100. This must be paidon receipt of an invoice and within 30 days of the date of the provisional booking.
Full payment for hire will become due six weeks prior to the hire date. If the date of hire is within six weeks from the date of booking, full payment will become due immediately. The council will provide an invoice for the outstanding balance.
23.Cancellation by Hirer
23.1If the Hirer wishes to cancel the hiring in whole or in part the Hirer must
give to the Council notice to that effect.
23.2If such notice is given, not later than six weeks to the Period of Hire and if the Council is able to effect an alternative hiring then the
Council will refund to the Hirer the fee, less a (10%) administration
charge but otherwise the Council will be entitled to retain the whole of the
fee.
24.Cancellation by Council
24.1The Council may cancel the hiring if the Barn is required for any purpose in
connection with a Parliamentary or local government election or if the Barn
is rendered unusable by any such event as is mentioned in Condition 20.1. The Council may also cancel the hiring if full payment has not been received in accordance with Condition 22.
24.2If the hiring is cancelled for any such reason as is mentioned in Condition 24.1 the Council will give to the Hirer the maximum practicable notice and
refund the fee but will not otherwise be liable to the Hirer.
24.3The Council reserves the right to terminate forthwith and without any liability to the Hirer any hiring which in the opinion of the Officer is being conducted in breach of these Conditions.
25.Breach by the Hirer
If the Hirer fails to observe and perform any of these Conditions the Council may:
25.1charge to and recover from the Hirer any expenses incurred by the Council in remedying any such failure including the cost of employing attendants
workmen cleaners or other persons as may be appropriate, and
25.2cancel the instant or any other hiring of the Barn by the Hirer without
incurring any liability to the Hirer for the return of any fee or otherwise.
26.Complaints
Any complaint arising out of the hiring must be made in writing to the Council within 3 days after the expiration of the Period of Hire.
27.Council to act by its Officers
The Council may act through any authorised Officer and references in these Conditions to any approval discretion consent or requirement of the Council are deemed to be references to the approval discretion consent or requirement of any such Officer and anything which the Hirer is required to produce to the Council is to be produced to such Officer.
28.Notices
All notices demands or requests by either party to the other shall be in writing and shall be sufficiently served if delivered by hand or sent by recorded delivery to the address of the Hirer specified in the Barn Booking Form in the case of a notice demand or request to the Hirer and to the General Manager, Parks & Countryside Services, Guildford Borough Council, Stoke Park Nursery, Nightingale Road, Guildford, Surrey GU1 1ER in the case of a notice demand or request to the Council
29.In case of an emergency
The Hirer must ensure the group/people attending their event read the ‘Instructions in case of a Fire’ notice, displayed in the main entrance of Burchatts Farm Barn. The hirer must also ensure the group are familiar with the ‘Fire Escape Floor Plan(s)’, displayed in the main entrance and next to the fire extinguisher, in the kitchen.
This document is available in other formats on request
Business Support Team
Parks and Leisure Service
Guildford Borough Council
Stoke Park Nursery
Nightingale Road
Guildford GU1 1ER
01483 444718
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